Cameron Miranda
Conciliation is a process in UK law that allows two or more individuals to use an independent source to settle their differences and resolve disputes. It is a way to avoid going to court or an employment tribunal, which can be stressful, expensive, and time-consuming. In the case of workplace disputes, conciliation can be used to settle disputes between employees or between an employee and their employer. The Advisory, Conciliation and Arbitration Service (Acas) is the independent body in charge of conciliations in the workplace and offers a free early conciliation service to help resolve disputes. Conciliation allows the conciliator to make the final decision in a dispute resolution, and settlements reached through Acas conciliation are legally binding.
| Characteristics | Values |
|---|---|
| Definition | Conciliation is when two or more individuals use an independent source to try to settle their differences and resolve disputes. |
| Time limit | Employees have to approach Acas within three months of the incident occurring. |
| Process | Acas talks to both parties about their dispute, giving them the chance to come to an agreement without having to go to an employment tribunal. |
| Role of conciliator | Explain their role and the conciliation process, discuss the issues with both sides, give an overview of the relevant law, explore how the dispute could be resolved without a tribunal decision, and discuss how similar cases have been handled by employment tribunals. |
| Confidentiality | Discussions with Acas are confidential and will not affect the outcome of a tribunal. |
| Legally binding | Settlements reached through Acas conciliation are legally binding and are written up in a conciliation agreement (COT3). |
| Cost | Conciliation is a free service. |
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What You'll Learn
The role of Advisory, Conciliation and Arbitration Service (Acas)
The Advisory, Conciliation and Arbitration Service (Acas) is a non-departmental public body of the UK government. It is an independent, publicly funded organisation that provides employment law and employment relations advice for employers and employees. Acas helps businesses find solutions, improve organisational performance, solve disputes, and promote good practices in the workplace.
Acas offers support and advice to employees and can represent them on matters regarding their employment rights. It helps employees and employers adhere to best practices and resolve disputes and workplace conflicts. Acas provides employees with conciliation assistance when they are looking to make a complaint about their employer at an employment tribunal. Acas talks to both the employee and the respondent about their dispute, giving them the chance to come to an agreement without having to go to an employment tribunal. Acas is impartial and independent of the dispute, and it is there to see if an agreement can be reached without a tribunal decision. Conciliators can explain their role and the conciliation process, discuss the issues with both sides, give an overview of the relevant law, and explore how both parties could resolve the dispute without a tribunal decision.
Acas also offers arbitration, which is slightly different from conciliation. In arbitration, a third party is brought into a dispute to help find a resolution. Acas provides two types of arbitration: individual arbitration, such as a case regarding flexible working or an unfair dismissal, and collective arbitration, which will cover cases that involve an employer and a group of employees. The arbitrator will put together a hearing that covers all aspects of the dispute or events, allowing all parties to explain their case and present any evidence.
Acas also offers mediation, where mediators make recommendations to both parties. Mediators take on an active role in proceedings, assisting participants in reaching resolutions. They identify the issues, offer ideas that could help improve the situation, and guide both parties through the process.
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How to initiate conciliation
Conciliation is a process in UK law where a third party helps two disputing parties find a solution that both will find acceptable, instead of going to a tribunal. In this case, the third party is often Acas (Advisory, Conciliation and Arbitration Service).
Step 1: Try to resolve the dispute informally first
Before notifying Acas, it is recommended to first try to resolve the dispute informally. This could involve raising the problem with your employer and attempting to find a solution without involving a third party. This step is important because, at an employment tribunal, a judge will usually expect you to show that you tried to resolve the dispute yourself.
Step 2: Notify Acas of your intention to make a claim
If you are unable to resolve the dispute informally, the next step is to notify Acas. You can do this by submitting an Early Conciliation form ("an EC Form") online, by post, or by calling Acas and providing the information by telephone. The form should include basic details such as your name and address as the claimant, as well as the respondent's name and address (usually your employer).
Step 3: Provide details about the dispute
Once you have notified Acas of your intention to make a claim, they will ask if you want to proceed with early conciliation. If you agree, they will request some details about the dispute. This is an important step, as it allows Acas to understand the nature of the dispute and how you would like it to be resolved.
Step 4: Acas will assign a conciliator to your case
After reviewing the information provided, Acas will assign your case to a conciliator. The conciliator will act as an impartial third party, independent of the dispute. They will discuss the issues with both sides, explore possible solutions, and facilitate communication between both parties to help resolve the dispute without the need for a tribunal.
Step 5: Reach an agreement and sign a conciliation agreement
If both parties can reach an agreement through conciliation, Acas will write up what has been agreed upon in a conciliation agreement (COT3). This agreement is legally binding, so it is important to carefully consider the terms before agreeing. Once the agreement is signed, the case is considered closed, and there will be no need for a tribunal hearing, even if a claim has already been made.
It is important to note that conciliation is a voluntary process, and either party can choose not to participate. However, it is compulsory to initiate the Early Conciliation procedure before starting a claim, and there are strict time limits for making a claim to an employment tribunal. In most cases, you must approach Acas within three months (three months less one day) from the act you want to complain about.
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Legally binding nature of conciliation
Conciliation is a process in UK law where Acas (the Advisory, Conciliation and Arbitration Service) helps two disputing parties reach an agreement without having to go to an employment tribunal. Acas is an independent service that talks to both parties separately to understand the dispute and see if an agreement can be reached. This process is known as 'early conciliation'.
If early conciliation is successful, the agreement is written up in a conciliation agreement (COT3). This agreement is legally binding, and both parties must keep to it even if they have not signed it. The case is then closed, and there will be no employment tribunal hearing. If the parties do not reach an agreement, the tribunal will continue, and a judge will make a final decision.
The conciliator cannot represent either side, tell either party whether to agree to a settlement, or advise on the strength of either case. They are also unable to help prepare a case for the tribunal or predict how the case might turn out. Conciliators are also unable to decide or advise on whether a claim is within the time limit for making a claim to an employment tribunal. For these reasons, it may be necessary to seek legal advice in addition to the conciliation process.
Conciliation can also take place up to and during an employment tribunal hearing. This is simply referred to as 'conciliation' rather than 'early conciliation'. As with early conciliation, the discussions are confidential and will not affect the outcome of the tribunal.
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Time limits for conciliation
Conciliation is a process whereby ACAS helps parties to a dispute find a solution that is acceptable to both sides, instead of going to an employment tribunal. ACAS conciliators are impartial and independent of the dispute. They cannot take sides, represent either party, or share anything discussed without permission. Conciliation can take place up to and during a tribunal claim.
There are strict time limits for making a claim to an employment tribunal. In most cases, claimants have three months minus one day from the date the problem at work happened to make a claim. This time limit applies regardless of whether the claimant is going through grievance, disciplinary, or appeal procedures.
Some types of claims are exempt from early conciliation. For instance, in unfair dismissal situations, claimants can apply for 'interim relief', which has a time limit of seven days and may not require notifying ACAS. For claims involving discrimination, the time limit starts from the date of the last act of discrimination included in the claim.
If claimants choose to try early conciliation, their time limit is paused for up to six weeks while conciliation takes place. After early conciliation, claimants will receive a certificate with a number that they need to include on form ET1 if they decide to make a claim to an employment tribunal. In most cases, they will have at least one month from the date they received the certificate to make their claim. However, working out the exact time limit can be complicated, and claimants may need to seek legal advice. Ultimately, it is the responsibility of the claimant to ensure their claim is made on time, and only a tribunal can decide whether the claim is made in time.
If the time limit has passed, claimants can still make a claim to an employment tribunal, but it is up to the judge to decide whether to accept the claim.
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Conciliation vs mediation
In the UK, conciliation is a form of alternative dispute resolution that can be used to resolve employment disputes without having to go to an employment tribunal. It involves a neutral third party, known as a conciliator, who talks to both parties about their dispute and helps them reach an agreement. Conciliation is typically more formal than mediation, often involving the direct participation of attorneys and the submission of memos. It is similar to evaluative mediation, in which the mediator offers specific feedback and opinions on each client's position.
Mediation is also a form of alternative dispute resolution where a dispute is settled outside of court. It is a more informal process than conciliation and usually takes place before the commencement of formal litigation. In mediation, a third party, known as a mediator, assists the disputing parties in reaching a resolution. Unlike a conciliator, a mediator does not have the authority to issue formal orders or decisions. Most divorce and family mediation is "facilitative", meaning the mediator guides the clients towards a resolution without injecting their subjective opinion into the negotiation.
In terms of scope and process, there are significant differences between mediation and conciliation at ICSID (International Centre for Settlement of Investment Disputes). ICSID mediation does not have a foreign nationality requirement for parties, and there is no requirement for either party to be linked to an ICSID Convention Member State. On the other hand, a request for ICSID conciliation may only be submitted once the disputing parties have consented to it. Additionally, consent to mediate is required throughout the entire mediation procedure, and either party is entitled to withdraw from the mediation at any time.
Both conciliation and mediation aim for settlement, and both conciliators and evaluative mediators occupy more assertive roles compared to facilitative mediators. They offer direct feedback on the strengths and weaknesses of each party's arguments but cannot enter binding orders like a judge or arbitrator.
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Frequently asked questions
Conciliation is a process where two or more individuals use an independent source to try to settle their differences. It is a way to resolve disputes without going to court or an employment tribunal.
A conciliator is an independent and impartial third party who helps individuals make their thoughts clear and looks at ideas to resolve the problem. They can also explain the conciliation process, discuss the issues with both sides, give an overview of the relevant law, and explore how the dispute can be resolved without a tribunal decision.
Mediation is best used early in a dispute and often involves a trained mediator from within the business or an external professional. Mediation is used for more general problems and discussions are not legally binding unless agreed upon in advance. Conciliation, on the other hand, is usually employed when there is a particular legal dispute. Settlements reached through conciliation are legally binding, and the conciliator can ensure enforcement by the courts if necessary.
Early conciliation is a process where individuals first contact an independent body, such as the Advisory, Conciliation and Arbitration Service (Acas), to attempt to resolve disputes before involving an employment tribunal. Acas will talk to both parties involved in the dispute to see if an agreement can be reached without the need for a tribunal. If an agreement is reached, it will be written up in a legally binding conciliation agreement (COT3). If early conciliation is unsuccessful, individuals can proceed with their claim to an employment tribunal.
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